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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Commissions of Inquiry
(Corruption, Cronyism and
Unethical Behaviour)
Amendment Bill 2009
Queensland
Commissions of Inquiry (Corruption,
Cronyism and Unethical Behaviour)
Amendment Bill 2009
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Insertion of new s 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
35 Inquiry into corruption, cronyism and unethical
behaviour ........................... 4
2009
A Bill
for
An Act to amend the Commissions of Inquiry Act 1950
Commissions of Inquiry (Corruption, Cronyism and Unethical Behaviour) Amendment Bill
2009
[s 1]
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Commissions of Inquiry 3
(Corruption, Cronyism and Unethical Behaviour) Amendment 4
Act 2009. 5
Clause 2 Act amended 6
This Act amends the Commissions of Inquiry Act 1950. 7
Clause 3 Insertion of new s 35 8
After section 34-- 9
insert-- 10
`35 Inquiry into corruption, cronyism and unethical 11
behaviour 12
`(1) The Attorney-General must, within 21 days after the 13
commencement of this section, advise the Governor to 14
establish a commission of inquiry under this Act into 15
corruption, cronyism and unethical behaviour by the Labor 16
Government of Queensland between 1998 and 2009. 17
`(2) The commission is to be constituted by a person who-- 18
(a) either-- 19
(i) is or has been a Supreme Court judge; or 20
(ii) is or has been a judge of a Supreme Court of 21
another State or of the Federal Court of Australia; 22
and 23
(b) has been or was a judge of the court for at least 15 years. 24
`(3) However, if after making reasonable inquiries, the 25
Attorney-General is unable to locate a person mentioned in 26
subsection (2) who is willing to constitute the commission, 27
the Attorney-General must ask the Bar Association of 28
Page 4
Commissions of Inquiry (Corruption, Cronyism and Unethical Behaviour) Amendment Bill
2009
[s 3]
Queensland ACN 009 717 739 to nominate a member of the 1
association who is a barrister of the Supreme Court of at least 2
5 years standing to constitute the commission. 3
`(4) If subsection (3) applies, the commission is to be constituted 4
by the nominated person. 5
`(5) On the advice of the Attorney-General under subsection (1), 6
the Governor may establish the commission of inquiry. 7
`(6) The commission of inquiry is taken to be a commission of 8
inquiry mentioned in section 4(1). 9
`(7) The commission is to inquire into the following-- 10
(a) the matters and circumstances that led to, and permitted 11
to continue, the breakdown in integrity and incidences 12
of misconduct in the public sector in relation to the 13
payments received or sought by Mr Gordon Nuttall 14
whilst a Minister, despite the Crime and Misconduct Act 15
2001 and the bodies and powers created under it; 16
(b) the circumstances and procedures relating to all 17
contracts of Queensland Government departments, or 18
Queensland Government owned or controlled entities or 19
appointments to Queensland Government boards or 20
boards of Queensland Government owned or controlled 21
entities in relation to which Mr Gordon Nuttall had 22
Ministerial responsibility; 23
(c) the allegations made by Ms Jacqueline King that she and 24
Mr Scott Zackeresen complained to the office of the 25
former Premier, the Honourable Mr Peter Beattie, in 26
2002 about misconduct by Mr Gordon Nuttall, and the 27
circumstances surrounding the cessation of their 28
employment allegedly as a result; 29
(d) the circumstances that led to Sunsuper Pty Ltd, a 30
superannuation fund with over $12 billion of funds 31
under management, a substantial portion of which funds 32
are the superannuation investments of Queenslanders, 33
deciding to withdraw $100 million of the funds from the 34
management of Queensland Investment Corporation and 35
place those funds under the management of Trinity 36
Property Trust (`Trinity'), or a Trinity-related entity, and 37
Page 5
Commissions of Inquiry (Corruption, Cronyism and Unethical Behaviour) Amendment Bill
2009
[s 3]
the coincidence of the payment by Trinity, or a 1
Trinity-related entity, of $1m to Mr Ross Daley (or his 2
company Veritate Pty Ltd), the then senior executive of 3
the political lobbyist Enhance Group, and any other 4
person; 5
(e) the dealings between Ministers, former Ministers, 6
ministerial staff, former ministerial staff or persons 7
exercising delegated authority on behalf of the 8
Queensland Government, or Queensland Government 9
owned or controlled entities, with lobbyists concerning 10
access to government, the grant or withholding of 11
approvals, the awarding of tenders, the entry into 12
contracts and other decisions; 13
(f) the relationship between members of the Queensland 14
Government and persons who have been appointed to 15
the judiciary or magistracy by Labor Attorneys-General 16
between 1998 and 2009; 17
(g) the termination of the employment of Mr Scott Patterson 18
by the Labor Government and the failure of the Crime 19
and Misconduct Commission to adequately address 20
matters raised by Mr Patterson; 21
(h) the adequacy of the following legislation and 22
government policies, with a view to advising on a 23
coherent, uniform, consolidated and harmonised scheme 24
for stipulating standards of conduct and supervising the 25
integrity of government business in Queensland-- 26
· Auditor-General Act 2009 27
· provisions of the Criminal Code dealing with 28
misconduct in public office 29
· Electoral Act 1992 30
· Financial Accountability Act 2009 31
· Charter of Fiscal Responsibility under the 32
Financial Accountability Act 2009 33
· Government Owned Corporations Act 1993 34
· Judicial Review Act 1991 35
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Commissions of Inquiry (Corruption, Cronyism and Unethical Behaviour) Amendment Bill
2009
[s 3]
· Local Government Act 1993 1
· Ombudsman Act 2001 2
· Police Service Administration Act 1990 3
· Public Sector Ethics Act 1994 4
· Public Service Act 2008 5
· Right to Information Act 2009 6
· Whistleblowers Protection Act 1994 7
· Witness Protection Act 2000 8
· Code of Conduct for Ministerial Staff under the 9
Public Sector Ethics Act 1994 10
· Codes of Conduct for Public Sector Entities under 11
the Public Sector Ethics Act 1994 12
· Code of Ethical Standards issued by the Members' 13
Ethics and Parliamentary Privileges Committee of 14
the Legislative Assembly of Queensland 15
· Queensland Contact with Lobbyists Code and the 16
Register of Lobbyists 17
· Ministers' Code of Ethics published in the 18
Queensland Ministerial Handbook; 19
(i) any other matter raised with the commissioner during 20
the commission of inquiry that the commissioner 21
considers worthy of investigation for the purposes of the 22
inquiry.'. 23
Page 7
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